CLERK’S
OFFICE
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD’’
STATE
OF
ILUNOIS
WASTE
MANAGEMENT
OF
ILLINOIS,
INC.,
)
2
ollUtiOfl
Control
Board
and
KENDALL
LAND and
CATTLE,
L.L.C.
)
Petitioner,
)
No.
PCB
0
vs.
)
(Pollution
Control
Facility
)
Siting
Appeal)
)
COUNTY
BOARD
OF
KENDALL
COUNTY,
)
ILL]NOIS,
)
)
Respondent.
)
NOTICE
OF
FILING
PETITION
FOR
HEARING
TO
CONTEST
SITE
LOCATION
DENIAL
TO:
See
Attached
Service
List
PLEASE
TAKE NOTICE
that
on
December
24,
2008,
we
filed
with
the
illinois
Pollution
Control Board,
the
attached
Waste
Management
of
illinois,
Inc.’s
and
Kendall
Land
and
Cattle,
L.L.C.’s
PETITION
FOR
HEARING
TO
CONTEST
SITE
LOCATION
DENIAL.
WASTE
MANAGEMENT
OF
ILLINOIS,
INC.
and
KENDALL
LAND
and
CATTLE,
L.L.C.
By:
One
of
T
/
ir
Attorneys
Donald
J.
Moran
PEDERSEN
&
HOUPT
161
North Clark
Street,
Suite 3100
Chicago,
illinois
60601
(312) 641-6888
Attorney
Registration
No.
1953923
492925.1
PROOF OF SERVICE
Victoria
L. Kennedy,
a
non-attorney, on oath states that she
served the foregoing Waste
Management
of Illinois, Inc.’s and Kendall Land and Cattle, L.L.C.’s
Petition for Hearing
to
Contest Site
Location Denial
by
enclosing same in an
envelope addressed to the following
parties
as stated
below, and by depositing same in the
U.S.
mail at 161 N. Clark St., Chicago,
Illinois
60601,
on or before 5:00
p.m. on this 24th day of December, 2008:
Michael
S.
Blazer
Eric Weis
Jeep
&
Blazer, L.L.C
Kendall County
Courthouse
24
N.
Hillside
Avenue
807 West
John Street
Suite
A
Yorkville, Illinois
60560
Hillside, IL 60162
Kendall County
Clerk
do Ms. Rennetta
Mickelson
111 Fox Street
Yorkville,
IL 60560
Victoria L. Kennedy
492925.1
RECEUVED
LERKS
OFFICE
BEFORE
THE ILLINOIS
POLLUTION
CONTROL
BOARD
DEC
2
%2008
WASTE
MANAGEMENT
OF
ILLINOIS
INC.
)
STATE
OF
ILLINOIS
0IIutio
Control
D
and
KENDALL
LAND AND
CATTLE,
L.L.C.,
)
Oard
Petitioners,
)
No. PCB
q
)
vs.
)
(Pollution
Control
Facility
)
Siting Appeal)
)
COUNTY
BOARD
OF KENDALL
COUNTY,
)
ILLINOIS,
)
)
Respondent.
)
PETITION
FOR
HEARING
TO
CONTEST
SITE
LOCATION DENIAL
Petitioners Waste
Management
of Illinois, Inc.
(“WMII”) and
Kendall Land
and
Cattle,
L.L.C.
(“KLC”),
by
Pedersen
&
Houpt,
their
attorneys,
respectfully
request
a
hearing
to contest
the decision of the County
Board
of
Kendall
County,
Illinois
(“County Board”) denying
site
location approval
for the proposed Willow
Run
Recycling
and Disposal
Facility.
In support
of
this Petition,
WMII and KLC state
as follows:
1.
This
Petition
is
filed pursuant
to Section 40.1(a)
of the Illinois Environmental
Protection
Act
(the “Act)
(415 ILCS 5/40.1).
2.
On February
5, 2007, WMII
and KLC filed
a Site
Location
Application
for the
Willow Run Recycling
and Disposal Facility
with the
County
Board
(“2007 Application”).
As
proposed in the
2007 Application, Willow
Run
was
located on
a 669-acre site
with a 282-acre
waste footprint.
Its
waste disposal
capacity
was 35 million tons,
and it had a site
life
of 35 years.
Over
one-third
of
the
base
double composite liner
system was
to be constructed
within the
underlying
bedrock aquifer. At
its
highest point,
Willow
Run
would be 235 feet
above
ground
surface.
492941.1
1
3.
Public
hearings
on the
2007
Application
were
held over
a
three-week
period
in
May,
2007.
Having
been
made
aware
of the
concerns that
the County
Board
and the
public
had
regarding
the proposal,
WMII
and KLC withdrew
the
2007
Application
in July, 2007.
4.
On June
3,
2008,
WMII
and
KLC
filed a revised
Site
Location Application
for
the
Willow
Run
Recycling
and Disposal
Facility
with the County
Board
(“2008
Application”).
As
proposed
in the 2008
Application,
Willow
Run was substantially
reduced
in
size and
scope
from
the
facility
proposed
in
the 2007
Application.
The
site
was reduced
from
669
to
368 acres,
the
waste
footprint
from
282 to 134
acres,
the
capacity from
35
to 14.5 years
and
the high
point
from
235
to 180 feet.
In
addition,
no part of the
double composite
liner
would
be constructed
in
the
bedrock
aquifer,
but
would
be completely
out of
and above,
the bedrock
aquifer.
In fact,
the
bottom
of the
double
composite
liner
and the top
of
the bedrock
aquifer
would be
separated
by
a
low
permeability
soil
layer
ranging
in thickness
from
5.2
to 24 feet
providing
further
environmental
protection.
5.
Public
hearings
on
the 2008 Application
were conducted
by
the
County
Board
and
were held
from September
11
to
October 1,
2008.
6.
On
November
20,
2008,
the County
Board
considered
the
2008 Application,
and
voted
to
approve
each
of the
statutory
criteria
except
criteria
(ii) and (iii).
A
true and
correct
copy
of
the
Resolution
Denying
the
Application,
No. 08-34,
is attached
as
Exhibit
A.
7.
WMII
and KLC
contest
and
object
to this decision
and
its
denial
of
criteria
(ii)
and (iii) as
fundamentally
unfair, unsupported
by
the record
and against
the manifest
weight
of
the evidence.
492941.1
2
WHEREFORE,
WMII
and
KLC respectfully
request
that
this
Board
enter an
order
(1)
setting
for
hearing
this
contest
of
Resolution
No 08-34,
and
(2) reversing
the County
Board
siting
denial.
Respectfully
submitted,
WASTE
MANAGEMENT
OF
ILLINOIS,
INC. and
KENDALL
LAND
AND CATTLE,
L.L.C.
By__
One
of Th&
Attorneys
Donald
J.
Moran
PEDERSEN
&
HOUPT
Attorney
for
Petitioners
161
N.
Clark Street
Suite 3100
Chicago,
IL
60601
Telephone:
(312)
641-6888
492941.1
3
EXRIi3iT
‘A1’
No.
p5L(
A RESOLUTION
DENYING
THE
APPLICATION
OF
KENDALL
LAND
&
CATTLE,
LLC AND
WASTE
MANAGEMENT
OF
ILLINOIS,
INC.
FOR
SITING
APPROVAL
OF
A
POLLUTION
CONTROL
FACILITY
LOCATED
IN
UNINCORPORATED
KENDALL
COUNTY,
ILLINOIS
WHEREAS,
pursuant
to §39.2
of the
Illinois Environmental
Protection
Act
(the
“Act”),
415
ILCS
5/39.2,
Kendall
County,
Illinois
(the
“County”)
has
the authority
to approve
or
deny requests
for
local siting
approval
for new
pollution
control
facilities,
such
as
landfills;
and
WHEREAS,
the General
Assembly
of
the State
of Illinois
has provided
in the
Illinois
Environmental
Protection
Act,
415 ILCS
5/1, et
seq.
(the
“Act’),
that the Illinois
Environmental
Protection
Agency
may
not grant
a permit
for
the
development
or
construction
of
a
new
pollution
control
facility which
is
to
be located
in
an
unincorporated
area
without proof
that
the location
of
said facility
has been
approved
by the
County
Board
of
the County
in
which said
new pollution
control
facility
is proposed
to
be located;
and
WHEREAS,
Section
39.2
of the Act
provides
that
an
applicant
for
local siting
approval
shall
submit
sufficient
details
describing
the
proposed
facility to
demonstrate
compliance
with,
and
the County
Board
approval
shall
be
granted only
if, the
proposed
facility
meets the
following
criteria
(the “criteria”):
(I)
the
facility
is necessary
to accommodate
the
waste
needs
of
the area
that
it
is
intended
to serve;
(ii)
the
facility is
so designed,
located
and
proposed
to
be operated
that
the
public
health,
safety
and
welfare will
be protected;
(iii)
the
facility
is located
so as to
minimize
incompatibility
with the
character
of
the
surrounding
area
and to
minimize
the
effect on
the value
of
the
surrounding
property;
(iv)
the facility
is
located
outside
the
boundary
of
the
100-year
flood plain
or
the
site
is flood-proofed;
(v)
the
plan
of operations
for the
facility
is designed
to
minimize
the
danger
to
the
surrounding
area from
fire,
spills or
other operational
accidents;
(vi)
the
traffic patterns
to
and from
the facility
are so
designed
as
to
minimize
the
impact
on existing
traffic
flows;
(vii)
if
the facility
will
be
treating, storing,
or
disposing
of
hazardous
waste,
an
emergency
response
plan
exists for
the facility
which
includes
notification,
containment
and excavation
procedures
to be
used
in case
of an
accidental
release;
(viii)
if the
facility
is to be
located
in
a county
where the
county
board
has
adopted
a
solid
waste management
plan
consistent
with
the
planning
requirements
of
the
Local
Solid
Waste
Disposal
Act or
the
Solid
Waste
Planning
and
Recycling
Act,
the facility
is
consistent
with
that
plan;
for
purposes
of
this
criterion
(viii),
the
“solid
waste
management
plan” means
the plan
that is
in
effect as
of
the date
the
application
for
siting
approval
is
filed:
and
(ix)
if the
facility
will
be located
within
a
regulated
recharge
area,
any
applicable
requirements
specified
by
the
[Pollution
Control]
Board
for
such
areas have
been met;
and
WHEREAS,
the
County
Board
may also
consider
as
evidence
the
previous
operating
experience
and
past record
of
convictions
or
admissions
of
violations
of
the
applicant
(and any
subsidiary
or parent
corporation)
in the
field
of
solid
waste
management
when
considering
criteria
(ii) and
(v)
under
§39.2
of
the Act:
and
WHEREAS,
in conjunction
with
the
Act, the Kendall
County Site
Approval
Ordinance
For Pollution
Control Facilities,
as
amended
(the “Siting
Ordinance”),
establishes
certain
rules and
regulations
relating
to
the
form, content,
fees,
and
filing
procedures
for
2
applications and other matters relating
to the approval of sites
for the location
of New
Pollution
Control Facilities in the unincorporated areas of
the County; and
WHEREAS,
on June 3, 2008, Kendall Land & Cattle,
LLC and Waste
Management
of Illinois,
Inc. (collectively the “Applicant”)
filed
with the County Board
an application
for
site
location
approval
for the
Willow Run Recycling
and
Disposal
Facility
in
unincorporated
Kendall County (the “Application”), which
Application consists
of nine (9) volumes of
reports and
supporting data; and
WHEREAS, the County Board conducted public hearings
on the Application on
September II,
12, 13, 15, 16, 17, 18, 22, 23, 24, 25,
29 and
October 1,
2008, and the
report of proceedings (transcripts)
contains the
testimony
of each witness, the oral
arguments of and cross-examination
by
the attorneys
and participants and oral comments
by
citizens; and
WHEREAS, throughout the proceedings,
comments and pleadings were filed
by
citizens, participants and parties, including
but not
limited
to: (1)the Recommendation
dated
November
5, 2008
submitted
by
Mr. Michael
S. Blazer, counsel
to
the County
(the
“Blazer Recommendation”), and (2) the proposed Findings
dated November 11, 2008
submitted by Hearing Officer
Patrick Kinnally
(the “Kinnally Recommendation”);
and
WHEREAS, the
Siting Ordinance and Act require the County
Board
to
determine
compliance or
non-compliance with the criteria and the
County Board approves or denies
a
requested site location, which determination by the County Board
may
include conditions
as
permitted
by
the Act; and
WHEREAS, the Act requires that the
County Board take final action on
the
Application
within
180 days
from
the date of its filing; and
WHEREAS, the County Board undertook all the necessary and legal steps required
to review
and consider the
Application and to develop
a
written
decision consistent with
the requirements of §39.2 of the Act; and
WHEREAS, the County Board has accepted and considered all
written
comments received
or postmarked
within 30 days after the date of the last public
hearing
held
in this matter; and
WHEREAS, the
County
Board has reviewed and considered
the Blazer
and Kinnally
Recommendations;
and
WHEREAS, the
County
Board has reviewed the Application in light of
the
criteria established for siting
new pollution
control facilities in §39.2 of the Act and the
Siting
Ordinance; and
WHEREAS, having
reviewed
the hearing record in accordance with
the rulings of
the
Hearing Officer, the
County
Board finds that
the application
process was fundamentally
fair and
efficient and accessible to the County’s
citizens
and the public generally; and
WHEREAS, after review of the Application, all relevant testimony, all exhibits,
all
public comments, the
record made herein
in
its entirety
and,
after
further
consideration
of
all
relevant and applicable
factors and matters, the
County Board finds that it
has
jurisdiction to
rule or, the Application of the Applicant for the Willow Run
Recycling
and
Disposal Facility based upon the Applicant’s proper notification as provided
by
the
Act;
and
WHEREAS, for the reasons
set
forth in the Kinnally Recommendation, the County
Board finds
that the Applicant has met its burden with respect to siting criteria
1,
4,
5, 6, 7,
8 and
9; and
WHEREAS, for the reasons set forth in the Kinnally Recommendation, the
County
Board
finds
that the
Applicant has failed
to
meet its burden with respect
to
criteria 2 and
3;
and
NOW, THEREFORE, BE IT RESOLVED
by the Kendall County
Board as follows:
SECTION 1. Recitals.
The
facts and statements contained
in the preambles to
this
Resolution are found
to be
true and correct and are hereby
adopted as part of this
Resolution.
SECTION 2. Decision.
The County Board denies the Application
of
Kendall
Land & Cattle, LLC and
Waste Management
of Illinois, Inc. for failure
to
meet criteria 2 and
3.
SECTION 3. Findings of Fact.
The County Board adopts the findings of fact
and
recommendations
set forth
in
the Kinnally Recommendation.
SECTION 4. Severability. If any section, subsection, sentence, clause, phrase
or
portion of this
Resolution is for any reason held invalid or unconstitutional
by
any
court
of
competent jurisdiction,
such portion shall be deemed a separate, distinct,
and independent
provision, and such
holding shall not affect the validity of the
remaining portions of this
Resolution.
SECTION
5.
Prior Resolutions.
All prior Ordinances
and Resolutions
in
conflict or
inconsistent
herewith are hereby expressly
repealed
only to the extent of such conflict
ADOPTED
and APPROVED
by the KENDALL COUNTY BOARD on
this
20
th
day
of November, 2008
County
Clerk
